Lobue Bros.

National Labor Relations Board - Board DecisionsSep 3, 1954

109 N.L.R.B. 1182 (N.L.R.B. 1954)

1182 DECISIONS OF NATIONAL LABOR RELATIONS BOARD LOBUE BROS. and UNITED FRESH FRUIT & VEGETABLE WORKERS, LOCAL UNION #78, CIO, PETITIONER SUNLAND PACKING HOUSE Co. and UNITED FRESH FRUIT & VEGETABLE WORKERS, LOCAL UNION #78, CIO, PETITIONER. Cases Nos. 20-RC- 2310 and f0-RC-2320. September 3,1954 Supplemental Decision and Order On August 31, 1953, the Board issued its Decision and Direction of Election in the above two cases. Elections were duly held on Decem- ber 11, 1953, during the peak of the Employers' packing season. In each election the Petitioner received a majority of the valid votes cast. The Employers thereafter filed objections to the conduct of these elec- tions on two grounds : (1) That the Petitioner had threatened em- ployees that if they did not join and vote for the Union, they would not be permitted to work after the Union won, and (2) that the Peti- tioner had restrained a free choice in voting by offering free member- ship in the Petitioner specifically conditioned upon its success in the election and certification. On January 15, 1954, the Regional Director for the Twentieth Region issued his reports on objections recommending that the Board overrule the objections, to which report the Employers filed exceptions on the grounds set out in their objections. The Board, on February 19, consolidated these two cases and ordered a hearing upon the issues raised by the Employers. A hearing was duly held before Jerome Smith, hearing officer, on April 29. On May 25, the hearing officer issued his report on objections to elections, in which he found that the evidence taken at the hearing did not support the first objection, but did show that the conduct complained of in the second objection occurred. The latter conduct, however, the hearing officer found unob- jectionable, based upon his interpretation of the Board's decision in The Gruen Watch Company, 108 NLRB 610. Accordingly, he recom- mended overruling the objections and issuing certifications. To this report the Employers have again excepted, this time abandoning their first objection. Among the arguments advanced in support of their objection to the free memberships offered by the Petitioner is their contention that the aforesaid Gruen decision is inapplicable because there the reduced rate membership was offered by the Union in ques- tion "until further notice," or "before the election," while here it was expressly operative only "after election and certification of shed," hence conditioned upon the Petitioner's winning the elections. The testimony taken at the hearing shows that the following card was widely distributed to employees before the election by the Petitioner : 109 NLRB No. 173. LOBUE BROS. 1183 UNITED FRESH FRUIT & VEGETABLE WORKERS LOCAL INDUSTRIAL UNION No. 78-CIO This is to certify that----------------------------------- name ---------------------------------------------- employed address by ------------------------------------- at ------------ company city is entitled to a membership book free of initiation fee after election and certification of shed. -------------------------- -------------------------- date issued representative In addition, a few employees, before the election, apparently signed these cards and in exchange were given membership books endorsed with a "withdrawal" so that the recipient would be required to pay no dues until working on a job where a union contract was in effect. It is not clear whether these books would have been valid had the Union failed to win. However, the exceptions are directed to the effect of the quoted card. We think there can be no question, on the specific wording of the cards distributed, that the employees who received these cards were to be given free memberships only if the Petitioner won the election and was thereafter certified as bargaining representative. We therefore conclude that the question presented here comes squarely within the language of our Gruen decision indicating that a preelection offer of reduced initiation fees is objectionable when the promised benefit is "contingent on how the employees voted in the election or on the results of the election." Accordingly, we find that the distribution by the Petitioner of these cards as part of its preelection campaign inter- fered with the conduct of the election. The Employers' exceptions to the hearing officer's report have merit and we shall set aside the elections and direct that new ones be held at the appropriate season within the discretion of the Regional Director. Order IT IS HEREBY ORDERED that the elections held on December 11, 1953, among the Employers' employees be, and they hereby are, set aside.; and IT IS FURTHER ORDERED that this proceeding be remanded to the Regional Director of the Twentieth Region for the purpose of con- ducting new elections at or near the peak of employment of the next packing season following this decision and at such time as he believes the circumstances permit a free choice of a bargaining representative. CHAIRMAN FARMER took no part in the consideration of the above Supplemental Decision and Order.